Sarah Halimi, a 65-year-old Haredi, kindergarten teacher and French citizen, was brutally murdered in Paris in 2017.
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The murderer, Koubili Traore, a French Muslim citizen, an immigrant from Mali, who was the victim's neighbor, beat her and threw her from the window of her apartment, on the third floor in Paris, while shouting: "Allahu Akbar.".
Recently, the Paris Court of Appeals accepted the arguments of his lawyers, overturned the trial, cleared him of any wrongdoing, determined that he was unfit to stand trial - and ordered his hospitalization in a psychiatric institution, based on the opinions of expert psychiatrists, who determined that he was not responsible for his actions, since he had smoked cannabis before committing the murder.
The verdict caused a stir in the Jewish community in France, and was followed by demonstrations in France, New York, London and Tel Aviv. The demonstrators demanded that the murderer be brought to justice.
Attorney William Gilles Golendel of Paris, one of the most senior lawyers in France, and Attorney Mordechai Tzibin of the Tel Aviv Bar Association, who has been collaborating with him for several years on professional matters, intend to file a complaint in Israel against the murderer, so that he can be tried in Israel - claiming that the murder was committed on an anti-Semitic basis, which the French court accepted.
This complaint is a precedent, the first of its kind in Israel.
The lawyers rely on an amendment made to the Penal Law from 1994, which states that harming "the life, body, health, liberty or property of a Jew, insofar as he is a Jew or the property of a Jewish institution, insofar as it is such," is a basis for filing a complaint in Israel, with a demand to try the offender in Israel and, accordingly, to request his extradition to Israel.
Until the amendment made to the Penal Code in 1994, it was possible to try in Israel people who harmed Israeli citizens or residents, authorities, and Israeli public employees abroad (the legal term "protective application"). The amendment to the law allows any anti-Semitic crime against Jews to be tried in Israel.
Attorney Tzibin notes that since the Eichmann trial, no foreign murderer with a racist, anti-Semitic motive has been tried in Israel.
According to Attorney Goldendel, there is no anti-Semitism in the French legal system, but the ruling stems from an ideological background. In his opinion, if the murderer were to stand trial, the judges know that Muslims would set France and even other places in Europe on fire, while the Jewish response is a column in a newspaper and at most demonstrations...
Is there a chance that the murderer will be tried in Israel?
According to Tzivin, France will probably not extradite him to Israel, since it does not extradite its own citizens, so it will be impossible to try him in Israel. "Filing a complaint in Israel has symbolic value, a signal and a warning that any anti-Semitic criminal abroad - and who for some reason will not be tried in that country, may be tried in Israel," he tells Haredim 10.
